Ashes to Ashes (155 page)

IX On the Jacobs Suchard deal, see
Forbes
for April 2, 1990; and the
Financial Times
for June 22, 23, 25, and July 11, 1990; the
NYT
for June 23, 1990; and the
Economist
for June 30, 1990.

X On the tobacco industry’s efforts to purchase friends in the cultural and philanthropic establishment, see “Tobacco Companies’ Gifts to the Arts: A Proper Way to Subsidize Culture?” in the March 8, 1987,
NYT;
“Strange Alliances: Lobbying for Tobacco” in the August 15, 1987,
National Journal;
“Big Tobacco Buying New Friendships” by Myron
Levin in the May 12, 1988, Los Angeles
Times;
and the leader “Blowing Smoke: Tobacco Firms, Pariahs to Many, Still Are Angels to the Arts” in the June 8, 1988,
WSJ
. The best piece on the industry’s involvement with sports sponsorships is “Sports May Be Hazardous to Your Health” by Jason De Parle in the September 1989
Washington Monthly
, a fiercely antismoking publication. On the race angle, contrast the letter by New York State NAACP leader Hazel Dukes in the June 9, 1986,
NYT
and the speech by Los Angeles
Herald Dispatch
publisher John Holoman reported in the January 1986
Tobacco Observer
with the June 17, 1988, speech by District of Columbia health commissioner Reed Tuckson and remarks by Harlem Hospital surgeon Harold Freeman in the May 1, 1989,
NYT
article headlined “An Uproar Over Billboards in Poor Areas.” See also “Blacks Debate on Tobacco Industry Influences” in the January 17, 1987,
NYT;
“Are Blacks the Targets of Cigarette Makers?” by John Henry in the December 18, 1988, New York
Daily News
, and “Tobacco Companies Find Harlem Wary” in the September 8, 1990,
NYT
. PM’s role as arts patron and good corporate citizen is described in company publications including
In the Public Interest
(1988) and
Philip Morris and the Arts: A 30-Year Celebration
.

XII The leading cases on First Amendment protection of commercial speech are
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.
, 425 U.S. 748 (1976);
Central Hudson Gas & Electric Corp. v. Public Service Commission
, 447 U.S. 557 (1980); and
Posadas de Puerto Rico Associates v. Tourism Co. of Puerto Rico
, 478 U.S. 328 (1986). See also
National Commission on Egg Nutrition v. F.T.C
, 570 F.2d 157 (7th Cir. 1977),
cert, denied
, 439 U.S. 821 (1978);
F.T.C v. Brown & Williamson Tobacco Corp., 778
F.2d 35 (D.C. Cir. 1985); and
In re R. J. Reynolds Tobacco Co.
, 111 F.T.C. 539 (March 4, 1988). On
Posadas
, see Laurence Tribe in
American Constitutional Law
at 903 (1988).

XIII The
NYT
editorial criticizing the U.S. Archives for granting its imprimatur to the PM Bill of Rights bicentennial anniversary campaign ran on November 19, 1989. See also “A Principle Tested unto Death” by Keltner Locke in the November 19, 1987,
St. Louis Post-Dispatch
.

Chapter 18 : Melancholy Rose

I Perhaps the most latitudinarian state ruling advancing the strict-liability doctrine was
O’Brien v. Muskin
, 94 N.J. 169, 469 A.2d 298.

II The testimony of Liggett’s Milton Harrington was played on videotape for the
Cipollone
jury on February 17, 1988.

III Judge Sarokin’s pretrial opinion arguing that the federal cigarette labeling laws did not preempt Rose Cipollone’s claims that she was inadequately warned by the tobacco companies was issued September 20, 1984; the Third Circuit’s reversal came on April 7, 1986. Sarokin’s resulting, barely muted rage in the opinion clarifying the remaining causes for action was issued on December 9, 1986. Sarokin’s ruling that the New Jersey tort revision act applied retroactively to
Cipollone
is explored at p. 160 in Jenkins’s
The Litigators
, more than one-fourth of which is devoted to Marc Edell and his handling of
Cipollone.

IV The most extensive coverage of the
Galbraith
and
Horton
trials was in the local press. On
Galbraith
v.
R. J. Reynolds Tobacco
, tried in California Superior Court, see the Santa Barbara
News-Press’s
daily accounts from November 17, 1985, until the end of the month. On
Horton v. American Tobacco
, tried in the Holmes County (Mississippi) Circuit
Court, see accounts in the Jackson
Clarion Ledger
from January 6 to 29, 1988, and the
Greenwood Commonwealth
from January 5 to 31, 1988; also the
NYT for
August 16, 1987, and January 29, 1988; the Washington
Post
for January 25, 1987, January 5, 6, 29, and 30, 1988, and September 2, 1990; the
WSJ
for December 31, 1987, and February 1 and 22, 1988; the Atlanta
Constitution
for January 6 and 21, 1988; and the Los Angeles
Times
for January 6 and 30 and February 18, 1988.

V
AND
vi Joseph Cullman’s confrontational testimony in the
Cipollone
trial occurred on February 23, 24, 25, and 29, 1988. Sarokin’s heated ruling on the defendants’ motion to dismiss was delivered on April 21, 1988. Summations were on June 1, 2, 3, and 6, 1988. The U.S. Supreme Court ruled on
Cipollone
v.
Liggett Group
(No. 90–1038) on June 24, 1992.

Chapter 19 : Smooth Characters

I On the antismoking movement in the latter 1980s, see, for example, “New Laws and Potential Savings Move Employers to Cut Smoking on the Job” in the
NYT
for March 14, 1985; “ ‘No Smoking’ Sweeps America” in
BW
for July 27, 1987; “Assault on Smokers Growing Every Year” in the Boston
Globe
for September 22, 1987; “Smoking Rules Spread Like Wildfire” in the Washington
Post
for December 9, 1987; “Antismoking Groups Grow More Sophisticated” in the
WSJ
for February 26, 1990; and “Common Courtesy and the Elimination of Passive Smoking” in
JAMA
for April 25, 1990.

II On the cigarette companies’ lobbying activities in the states, the best-documented example is California, where the tigerish Stanton Glantz and the Institute for Health Policy Studies at the University of California monitor the publicly reported activities; see, for example, “Political Expenditures by the Tobacco Industry in California State Politics” by Glantz and Michael Evans Begay, a March 1991 monograph in the institute’s series. On the industry’s counterstrategies such as soft “clean-air” acts and state preemption of local initiatives, see the Advocacy Institute’s SCARC report covering activities for February-August 1989. On the TPs golf-resort junkets for congressmen, see as an example the article in the January 17, 1988, Louisville
Courier-Journal
. Summaries of the industry’s political initiatives and defense tactics may be found in Michael Pertschuk’s lecture “New Fronts in the Tobacco Wars,” delivered at the UCLA Faculty Center on February 21, 1991; “Tobacco Money, Tobacco People, Tobacco Politics,” a joint report of the Advocacy Institute and the Public Citizen’s Health Research Group, by Bruce Samuels, Clifford Douglas, Sidney Wolfe, and Philip Wilbur, issued in August 1992, and a companion report, “The Congressional Addiction to Tobacco,” issued by the same groups two months later. For a pithy digest of the PM and other industry documents given to Alan Blum’s DOC and released to the public, see the October 22, 1992, speech by Pertschuk, “Smoking Gun Speaks: The Tobacco Industry’s Buy-America Strategy,” delivered in Minneapolis to the seventh national conference on disease prevention and control.

III The Congressional Research Service’s skeptical view of the health effects of ETS was reported in the May 29, 1994, Washington
Post
. On Healthy Buildings International, see the December 21, 1994,
NYT
. Borelli’s concerns about the Janerich study were stated in a March 31, 1992, memo he wrote in answer to the author’s questions about how he handled the Varella thesis. Janerich presented his side of it in a July 7, 1992, letter to the author. For the first comprehensive report on the links between ETS and cardiac diseases, see “Passive
Smoking and Heart Disease: Epidemiology, Physiology, and Biochemistry” by Stanton Glantz and William Parmley, delivered at the seventh World Conference on Tobacco and Health in Perth (April 1–5, 1990). For an update on the same subject, see Glantz’s lucid testimony before OSHA on August 11, 1994, and a report by A. Judson Wells in the August 1994
Journal of the American College of Cardiology
.

IV See especially “Teenagers’ Responses to Cigarette Advertising” by William McCarthy and Ellen Gritz, a paper presented at the April 1994 meeting of the Western Psychologists Association. On the infamous Joe Camel ads, see the
NYT
for November 11 and December 15 (editorial) and 20, 1991; and “ ‘Joe Camel’: An X-Rated Smoke” by Marjorie Carter on the op-ed page of the March 21, 1992,
NYT.

V On California’s Prop 99 and its early aftermath, see “Toward a Tobacco Free California,” a status report issued in December 1990 by the state’s departments of health services and education.

VI On the U.S. government’s efforts to advance cigarette export sales by American tobacco manufacturers, see “Tobacco, Politics, and U.S. Trade Policy” by Gregory Connolly in the September-October 1987 issue of the American Council on Science and Health
News;
“Tobacco Roads: Delivering Death to the Third World” by Morton Mintz in the May 1991
Progressive;
“America’s New Merchants of Death” in the April 1993
Reader’s Digest;
and “Opium War Redux” by Stan Sesser in the September 13, 1993,
New Yorker
. On Yeutter and Hills, see also “America’s Frontline Trade Officials,” a 1990 pamphlet by Charles Lewis lunder the auspices of the Center for Public Integrity. On smoking in Japan, see the
WSJ
for October 19, 1987, and September 23, 1991; and the
NYT
for October 17,1993. On Dan Quayle’s remarks about opening world markets to U.S. tobacco companies, see the Asheville (North Carolina)
Citizen-Times
for July 19, 1990, p. ICL.

VII On smoking in China, see Michael Pertschuk’s article in the October 17, 1976, Washington
Post;
“The Tobacco Trap” in International Monitor, a Nader Group periodical, for July-August 1987; Judith Mackay’s “Letter from Hong Kong” in the January 6, 1989,
JAMA
and her “China’s Tobacco Wars” in the January-February 1992
International Monitor;
and Richard Peto’s reports on smoking in China, including the 1986 World Health Organization study “Tobacco: A Major International Health Problem.” Particularly helpful on the international cigarette wars in general are Philip L. Shepherd’s chapter entitled ‘Transnational Corporations and the International Cigarette Industry” in
Profits, Progress, and Poverty
, edited by R. S. Newfarmer (University of Notre Dame Press, 1985); and Nath’s
Smoking: Third World Alert
.

Chapter 20 : Blowing Smoke

II Kravis’s derogatory comment about the Marlboro price cut was reported in the April 30, 1994,
WSJ.

III In addition to the studies cited on the health-care costs of smoking, see “The Taxes of Sin: Do Smokers and Drinkers Pay Their Way?” in the March 17, 1989,
JAMA.

V For a precis of the legal background of the FDA’s avoidance of tobacco regulation, see “Who’s Minding the Tobacco Store?: It’s Time to Level the Regulatory Playing Field” by John Slade and Scott Ballin, in
Tobacco Use: An American Crisis
, a booklet prepared for the January 9–12, 1993, conference of that title held in Washington sponsored by, among others, HHS, the CDC, and the AMA. Kessler laid out his position on nicotine in testimony
before Waxman’s House subcommittee on health on March 25, 1994; the tobacco company executives replied on April 14 of that year.

INTERVIEWS

The author conducted interviews for this book with the following individuals, in person for the most part but in a few instances by telephone or taped recording (designated by the letter T), by letter (L), or through a researcher (R). Those interviewed on the condition of anonymity are necessarily omitted.